ohiolandlord
08-03-2008, 07:21 PM
Self Help Evictions
If you want a tenant out of your residential rental property in Ohio, you need to follow the law in evicting him or her. That means hanging a three day notice to vacate containing the appropriate language on the door and then waiting for three business days to pass, and then filing an eviction action with the court (all of this from Ohio Revised Code Section 1923).
If you simply lock the tenant out, you are likely in violation of Ohio Revised Code Section 5321.15 and you are liable for the tenant’s actual damages and attorney fees. Where things get tricky is when you haven’t seen the tenant in quite some time and the place looks abandoned. Abandonment is a defense to a R.C. 5321.15 action. At that point, you take a chance that the tenant won’t come back later and argue that he was still living there when you changed the locks. There are several ways that a landlord can put himself in the best possible position to defend against this.
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First, just go through the statutory eviction process. It may take a bit longer and be more costly, but it will give you piece of mind as following the statutory eviction process and getting a writ of restitution and a praecipe for set out is a complete defense to an action under Ohio Revised Code Section 5321.15.
But if you do go ahead with a lock change, make sure that you videotape the place before you change the locks. Time stamp the video by showing the camera a copy of that day’s local newspaper headline date. That way you can show the court why you felt that the place had been abandoned. The court is going to be particularly interested in certain factors on this question of abandonment:
1) How long has the tenant been gone? If the landlord can show that weeks of mail have piled up in the mail box, then this will cut in favor of abandonment.
2) Expensive items left behind. If there is a flat screen tv up on the wall, a nice leather couch, and a new computer on the desk, a court is more likely to find that the tenant is still living there.
3) The presence of daily essentials like clothing, a toothbrush, or ************ medications will cut against abandonment. Similarly, the lack of such things should be pointed out by the landlord to the court.
4) If the utilities have been terminated by the tenant, then this is something that the landlord will want to point out to the court.
5) Personal items with high sentimental value left. If books with baby photos and maternity care wristbands are left behind, this will cut against abandonment.
6) If cleaning supplies are sitting out, the landlord should argue that this is evidence of a final clean up and the tenant’s intent abandon.
If you want a tenant out of your residential rental property in Ohio, you need to follow the law in evicting him or her. That means hanging a three day notice to vacate containing the appropriate language on the door and then waiting for three business days to pass, and then filing an eviction action with the court (all of this from Ohio Revised Code Section 1923).
If you simply lock the tenant out, you are likely in violation of Ohio Revised Code Section 5321.15 and you are liable for the tenant’s actual damages and attorney fees. Where things get tricky is when you haven’t seen the tenant in quite some time and the place looks abandoned. Abandonment is a defense to a R.C. 5321.15 action. At that point, you take a chance that the tenant won’t come back later and argue that he was still living there when you changed the locks. There are several ways that a landlord can put himself in the best possible position to defend against this.
<!--adsense-->
<!--more-->
First, just go through the statutory eviction process. It may take a bit longer and be more costly, but it will give you piece of mind as following the statutory eviction process and getting a writ of restitution and a praecipe for set out is a complete defense to an action under Ohio Revised Code Section 5321.15.
But if you do go ahead with a lock change, make sure that you videotape the place before you change the locks. Time stamp the video by showing the camera a copy of that day’s local newspaper headline date. That way you can show the court why you felt that the place had been abandoned. The court is going to be particularly interested in certain factors on this question of abandonment:
1) How long has the tenant been gone? If the landlord can show that weeks of mail have piled up in the mail box, then this will cut in favor of abandonment.
2) Expensive items left behind. If there is a flat screen tv up on the wall, a nice leather couch, and a new computer on the desk, a court is more likely to find that the tenant is still living there.
3) The presence of daily essentials like clothing, a toothbrush, or ************ medications will cut against abandonment. Similarly, the lack of such things should be pointed out by the landlord to the court.
4) If the utilities have been terminated by the tenant, then this is something that the landlord will want to point out to the court.
5) Personal items with high sentimental value left. If books with baby photos and maternity care wristbands are left behind, this will cut against abandonment.
6) If cleaning supplies are sitting out, the landlord should argue that this is evidence of a final clean up and the tenant’s intent abandon.